Author: Legal Maestros

Supreme Court

God Knows How Many Languish in Jails Over Technicalities: Supreme Court Rebukes UP, Directs ₹5 Lakh Payout

This article is an abstract of a Supreme Court case based on which the liberty of an individual had to be delayed due to a minor technicality in a release order. It reviews the vigorous reproach of such developments expressed in the judgment of the Aglo/Buhari case: the principle of substance over form in the judicial order, and strong consequences for the protection of the fundamental rights. The case stresses the importance of the judiciary in aspects of timely execution of orders of release and responsibility for negligence of duty.

byLegal Maestros
Current Legal Update

Pankaj Bansal Verdict: Karnataka Contends ED’s Obligation to Supply Written Arrest Reasons Applies Only Prospectively in Supreme Court

The Supreme Court is hearing an important legal issue which is pressed out because of the arrest of Pankaj Bansal by the Enforcement Directorate (ED). Karnataka states that the ED is only liable to give reasons for its arrest in written form prospectively as held by the Supreme Court in Pankaj Bansal v. Military of India. This might influence many current probes that are going on under the Prevention of Money Laundering Act (PMLA).

byLegal Maestros
Current Legal Update

Mumbai Bus Strike Looms: Private Operators, School Buses Affected, Are Labour Laws Applicable?

An uncertain bus strike in recent weeks was thrown by private operators in Mumbai and including school bus services, which were wiped out indefinitely only to be stopped based on government persuasion. Nationwide havoc could have been caused as a result of the proposed strike that was triggered by complaints about e-challans and infrastructure. This gives both short and medium term respite but poses serious questions about how labour laws apply to such important providers of transportation services and whether they should be enforced in the first place.

byLegal Maestros
High court

Bike Taxis a Necessity, Not Luxury: Taxi Welfare Association Challenges Karnataka’s Ban in High Court

The Karnataka Taxi Welfare Association has taken serious legal objections toward the ban of bike taxis by the state government. Citing these services as a life necessity due to the cheap and effective last-mile connection, especially to daily commuters, the association holds that the ban is unjust to our lives and access to a vital mode of transport. This paper examines the different aspects of this currently raging courtroom battle and brings out the arguments that have been put forth by both parties and the possibilities of what this may portend as far as the future of urban mobility is concerned in Karnataka.

byLegal Maestros
Supreme Court

Unpacking Bank Fraud Cases: A Judgment by Justices M.M. Sundresh and Rajesh Bindal

In this article the author analyzes a landmark Supreme Court of India case on the issue of quashing criminal proceedings emanating out of bank fraud. The Court explains the difference between the administrative activities of banks implemented in accordance with RBI Master Directions and a criminal inquiry, and the fact that the quashing of the former will not nullify a criminal proceeding as such. It emphasizes the inapplicability of natural justice during the process of filing FIR and remits cases to be remanded back to be decided afresh.

byLegal Maestros
Supreme Court

The Supreme Court’s Stance on Tender Cancellation: Insights from Justices Trivedi and Varale

This paper will analyse a ruling of the Supreme Court that was given against a ruling of the High Court in a case that concerned cancellation of a government tender. It notes how the Court has attached importance to issues of public interest, administrative discretion and little judicial review in contractual circumstances, particularly in the event of the unavailability of mala fides.

byLegal Maestros
Current Legal Update

Rajani Associates Guides Lloyds Engineering Through ₹987.26 Crore Rights Issue

Lloyds Engineering Works Limited Recently Rajani Associates one of the leading law firms in India advised the company in its rights issues worth Rs 987.26 cr. The latter success emphasizes the competence of this company in the sphere of capital markets and corporate financing. Rajani Associates, famous for its practical legal insights, also has an impressive record in other complicated corporate transactions as well as dispute resolutions.

byLegal Maestros
Current Legal Update

Karnataka Government’s New Anti-Fake News Law: Proposing 7-Year Jail Term and ₹10 Lakh Fine for Offenders

The government of Karnataka wants to come out with a strict new section to deal with fake news and misinformation with punishment going up to a maximum of 7 years in prison and a 10 lakh- rupee fine. The draft bill also seeks to create a regulatory office and special courts to check the accuracy of content in social media and the accountability that provokes the question of freedom of speech.

byLegal Maestros
Current Legal Update

Election Commission’s 45-Day CCTV Footage Retention Rule: Does It Violate Voter Privacy Laws and Electoral Transparency?

The decision of the Election Commission of India to keep only 45 days of CCTV footage of the polling station unless an election petition is filed is a debateable topic. Although such a policy is intended to safeguard voter privacy and avoid the use of footage to create damaging narratives, critics view it to be a hindrance to voting transparency and accountability creating fundamental questions about what democracy has to offer as a value.

byLegal Maestros